RUCHI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD . This Habeas Corpus petition has been filed by the petitioner against the detention of her husband. The husband of the petitioner Govind Bihari Sharma (Army Personal No.15412902F) is an army person. He was posted at Military Hospital Gwalior. It is alleged that on 25th August 2012 he had abused and used force against his superior officer i.e. Captain Dilip Kumar. The Officer made a complaint in this regard. Thereafter, a summary court martial proceeding was held against the husband of the petitioner. During the court martial proceeding, the husband of the petitioner admitted his guilt and pleaded guilty. He further pleaded that he be given an opportunity to improve himself and he be pardoned of. On the basis of the aforesaid confession and the act of the husband of the petitioner, he was awarded punishment of two months' R.I. in military custody under Section 40 (a) of Army Act 1950.

(2.) LEARNED senior counsel for the petitioner has contended that the punishment awarded to the husband of the petitioner and the proceedings of court martial are arbitrary and illegal and against the provisions of Army Rules 1954 and Army Act 1950. He further contended that in accordance with the Army Rules 1954, the maximum punishment against the offence said to be committed by the husband of the petitioner could be 48 days. However, two months sentence has been awarded which is illegal. In support of his contention, the learned senior counsel relied on the following judgments of the Hon 'ble supreme Court :

(3.) FROM the aforesaid provisions, it is clear that the Tribunal has wide power to allow the appeal against the conviction by a court martial on certain grounds. Hon 'ble Supreme Court in the case of Manubhai Ratilal Patel Tr.Ushaben Vs. State of Gujarat and Others reported in 2013 Cri.L.J.160 has held as under in regard to maintainability of writ of habeas corpus :